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I own a 1.8-acre parcel adjacent to an 8.2-acre parcel, which had an erroneous deed of sale filed by its previous owner. The original deed granted access to a cabin for two people, including myself, to the 8.2-acre parcel. However, a subsequent deed incorrectly changed this access to only the 1.8... View More

answered on May 7, 2025
If there is really no dispute among any of the current title owners of both parcels, it might merely be a matter of filing a corrective deed and trying to talk the registrar out of taxing the transaction. If the lack of a dispute is mostly from your perspective, then it is litigation. Either way,... View More
I am a California resident looking to hire a Virginia resident lawyer to draft a prenuptial agreement governed by California law. I seek advice on whether a non-local lawyer would be knowledgeable about California prenuptial agreements. Specifically, I need to include a spousal support/alimony... View More

answered on May 7, 2025
I think you are better off retaining California counsel who tells you they are familiar with or can become familiar with the federal pension issues. The Federal Government is in California and protecting pensions from it is part of a California lawyer's role when preparing a prenup. Further,... View More
Can I include non-U.S. residents, specifically my wife who isn't a U.S. citizen and resides full-time in the Philippines, in a Simple Will? We have one child, and I want to ensure my wife has financial protections when I pass away. My significant assets are held in bank accounts and a... View More

answered on Apr 26, 2025
You probably should sit down with a lawyer for a consult. You may not need a Will at all if all of your assets are liquid like bank or stock accounts. The beneficiary clauses work so well that such planning has long ago earned the informal name of a "poorman's will." There will... View More
I work at a private animal shelter, and we are currently housing a dog that was brought to us by a police officer after the owner was arrested. We wish to file for legal ownership of the dog to facilitate adoption, as holding it long-term in the shelter isn't feasible. The dog was brought in... View More

answered on Apr 22, 2025
Perhaps there is some statute that helps, but I have never heard of one. A dog is property in most states, including the Commonwealth. An incarcerated individual doesn't lose their property without due process of law. The easiest answer is to ask her to sign over the dog as a gift, and, a... View More
Can my mother purchase a house in Maryland using cash for about $1 million, with the title/deed only in my name as a gift? We plan to file a gift tax return for 2025 given the amount exceeds the annual limit, but we don't anticipate actual taxes due because she'll remain under the... View More

answered on Apr 22, 2025
It sounds right, but you would be well served to plan her estate at once instead of piecemeal. For example, you write of a Maryland house, but the question is posted from DC. The state estate and inheritance tax is different in those two places. And, Ms. Whitehurst is correct that a trust does this... View More
I share ownership of a property with a relative. I live in one house while the relative, who is a part-owner, lives in another house on the same property. There is no written agreement between us regarding maintenance responsibilities. Currently, there is an issue with sanitation being allowed to... View More

answered on Apr 19, 2025
While actual responsibility may depend on the words on the title and the agreements between the co-owners, as to anyone outside the co-owners, it is very likely that every owner is jointly and severally liable for any illegal and unhealthy emission from your property. Further, it is reasonable to... View More
In 2018, my mother passed away, and I recently discovered in April 2025 that she and her granddaughter falsely claimed I was deceased in her will and estate documents. As a result, I was not named in the will, and my mother stated she had no children. The estate has already been probated and... View More

answered on Apr 11, 2025
If the Will was probated in 2018, you might be too late, but there is a chance that notice was improper or there is some other excuse for delaying seven years after her death to notice her absence. Then, it will be important to examine the Will and the facts. If your mother's intent was to... View More
I am approaching the statute of limitations deadline of May 7, 2025, for filing a claim related to a failed retaining wall due to faulty engineering plans. The Professional Engineer Commission recently found the engineer's plans faulty, and he settled with them directly. I received this report... View More

answered on Apr 10, 2025
You toll the statute of limitations by filing the lawsuit providing adequate notice of the claim. This late, the defendants' best move is to pretend they have no problem with your delay in making the claim. Once you miss the deadline, they will move -- successfully -- to dismiss your case.... View More
My HOA has not held a membership meeting or election in over 10 years, despite numerous requests from members. The board met with the president in November 2024 and decided to double our dues without holding a membership meeting. In April 2025, the president said he would talk to the board about... View More

answered on Apr 10, 2025
The case law -- as you seem to appreciate already -- favors corporate democracy in governance. Courts are loathe to substitute their judgment for that of a duly elected condo board operating within its rules of governance and not violating law as to protected classes. So, your first step is to... View More
I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More

answered on Mar 25, 2025
Your question leads to many projected answers, but mostly to more questions. It is plausible that they have interpreted the HOA rules wrong after 27 years, or that you have rights from a prior version of the same rules. There are adverse possession issues, unless the claim is undercut by missing... View More
I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More

answered on Mar 24, 2025
Have you considered the effect of losing the income tax benefit of stepped up basis before worrying about the exemption code for the recordation tax? You really need to consult a lawyer or, at least, a CPA, to determine whether you are exempt from all taxes. You might be, but your focus on a... View More
I am tracing a judgment from 2008 that appeared on a title search related to Chase Bank, filed in Augusta County, Virginia. We want to know the particulars of this judgment. The JDL number is 080001170. The lawyers who handled the case have gone out of business. I haven't checked public... View More

answered on Mar 24, 2025
You know who holds the lien -- Chase Bank. So, contact them. You might want a lawyer to do that, because, if it is an old lien, it might be invalid or arguably so, and you might be able to negotiate it down using a lawyer, especially with all the interest and penalties that likely apply.
Amazon's delivery truck damaged my driveway and lawn on January 31, 2025, causing deep ruts in the gravel and grass. Despite submitting the requested information, I have been ignored during my follow-ups for updates. They finally offered a settlement which I find insulting, as it covers only... View More

answered on Mar 20, 2025
The problem is that legal effort to help you will inevitably cost more than you will gain. I suppose a lawyer might teach you how to file a small claim in District Court, but that might take a couple hours, and the lawyer would want to be paid. It is also possible that your homeowner's... View More
I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More

answered on Mar 7, 2025
Before you do this, I suggest you consult with a Virginia lawyer familiar with Elder Care law. If the medical benefits you need are Medicaid, I do not believe your title in the house counts as part of your assets. If someone is asking you to surrender your half of title in a Falls Church home so... View More
I am renting a unit in a commercial building in Maryland for my business and have experienced significant water damage due to a leaking roof. We have been notifying the property managers through email for several months, but their responses are only about attempts to fix the roof without addressing... View More

answered on Mar 6, 2025
You need to retain counsel for a lease review. Commercial leases are not controlled by consumer rental laws. The lease is usually binding, but commercial leases are often longer and complex. You need to know what your lease says, and you should have had counsel review before you signed it. That... View More
I need guidance on quieting title and transferring a deceased husband's property to his family, who are the co-heirs. The widow inherited the husband's share and died intestate with no living offspring known. Her only offspring predeceased her, and it's unknown if there were any... View More

answered on Mar 1, 2025
You need to map out the family tree of the wife carefully, so you need a consult with a lawyer and, possibly, a genealogical expert. Unless some estate planning was done, it seems unlikely anything goes to husband’s descendants, but you might get a fee for acting as Administrator if you can qualify.
I have permission from my neighbor to use a portion of their land for recreational purposes, which was agreed upon verbally by both the previous and current owners since December 16, 2020. We currently have an easement for our well located on that 2/10ths of an acre section, which is part of our... View More

answered on Feb 17, 2025
To be enforceable, it must be in writing and signed by the grantor. To be useful in the event of a sale of the property. it should be recorded properly. To be unambiguous, it's not a bad idea to have the easement surveyed so it is described accurately in terms that won't change when a... View More
I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More

answered on Feb 17, 2025
You can sue both, but you lack privity with the contractor, and while privity should not be required in a tort suit, it might be successfully asserted as a defense. Your clearer claim is against your neighbor for negligence and trespass, but he may seek to defend by joining or confusing the issue... View More

answered on Feb 10, 2025
If you open a foreign LLC to do business in Virginia by owning and renting property in the state, you will need to register the foreign corporation or LLC in Virginia. You will not be exempt from Virginia sales or other taxes on the Virginia income. So, you will pay corporate franchise tax in both... View More
I'm 41 and the last name that I've used is not matching the last name on the birth certificate that vital records is saying is mine. It has my father's last name on,but the birth certificate that I've used my whole life has my mother's last name but they can't locate my birth cer

answered on Jan 6, 2025
I'm not sure this is a legal problem unless you need to file a Change of Name lawsuit to square up the vital records. My guess is that your parents were not married at your birth, and the father was not publicly identified, so the first birth certificate -- the one your mother gave you -- has... View More
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